Portal Enterprises, Inc. v. Cahoon

OPINION

The issue presented is whether Portal Enterprises, Inc., appellant-lessee of the Skyway Drive-In Theatre (Theatre) in Clark County, was constructively evicted from the Theatre when the Clark County Health District ordered the leased premises closed because the lessor, respondents herein, failed to bring the Theatre’s water quality up to state secondary standards.

The appellant-lessee commenced this action by filing a constructive eviction complaint for damages. The respondent-lessor counterclaimed, contending that the lessee breached the lease agreement. The district court held that the…